Parliament ‘obligated’ to remove Malema from JSC if not fit and proper, court told

The Helen Suzman Foundation is suing the National Assembly Speaker to force a review of Julius Malema’s fitness for the Judicial Service Commission, arguing that Parliament has a constitutional obligation to remove him if he is found not fit and proper to serve.

The legal challenge follows a precedent set by the high court in the case regarding MK Party MP John Hlophe, where the court found that designating a person who is not fit and proper to serve on the JSC undermines the constitutional imperative of the commission and compromises its integrity.

While National Assembly Speaker Thoko Didiza has opposed the application, arguing that the constitution and parliamentary rules do not vest her with the power to initiate the recall of a designee on demand by an outside body, the foundation maintains that the oversight role of the legislature is critical.

Julius Malema, who has held his seat on the JSC for 12 years, is currently fighting to retain his position amidst ongoing litigation and public scrutiny regarding his conduct and recent criminal sentencing.